H. B. 2483
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced February 22, 2001; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact section seven, article five, chapter
thirty of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to providing that fines
collected by the board of pharmacy be used by the board of
pharmacy to promote and support board activities.
Be it enacted by the Legislature of West Virginia:
That section seven, article five, chapter thirty of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS
AND PHARMACIES.
§30-5-7. Grounds for suspension or revocation of license or
disciplinary proceedings; penalties and procedures;
temporary suspensions; reporting of disciplinary
action.
(a) The board shall have the power to withhold, revoke or
suspend any license or any certificate issued under this article or
to penalize or discipline any pharmacist or pharmacy after giving
reasonable notice and an opportunity to be heard pursuant to the
provisions of section one, article five, chapter twenty-nine-a of
this code, any person who has:
(1) Become unfit or incompetent to practice pharmacy by reason
of: (A) Alcohol or substance abuse; (B) insanity; or (C) any
abnormal physical or mental condition which threatens the safety of
persons to whom such person might sell or dispense prescriptions,
drugs, or devices, or for whom he might manufacture, prepare or
package, or supervise the manufacturing, preparation, or packaging
of prescriptions, drugs or devices;
(2) Been convicted in any of the courts of this state, the
United States of America, or any other state, of a felony or any
crime involving moral turpitude which bears a rational nexus to the
individual's ability to practice as a pharmacist or pharmacist
technician;
(3) Violated any of the provisions of this chapter or chapter
sixteen of this code;
(4) Failed to comply with the rules of professional conduct
adopted by the board pursuant to section two of this article;
(5) Knowledge or suspicion that a pharmacist, pharmacy
technician or pharmacy intern is incapable of engaging in the
practice of pharmacy with reasonable skill, competence and safety
and has failed to report this information to the board;
(6) Committed fraud as a licensee in connection with the
practice of pharmacy;
(7) Performed an act outside this state which would constitute
a violation within this state; or
(8) Agreed to participate in a legend drug product conversion
program promoted or offered by a manufacturer, wholesaler or
distributor of such product for which the pharmacist or pharmacy
received any form of financial remuneration, or agreed to
participate in a legend drug program in which the pharmacist or
pharmacy is promoted or offered as the exclusive provider of legend
drug products or whereby in any way the public is denied, limited
or influenced in selecting pharmaceutical service or counseling.
(b) Upon a finding of a violation of one or more of the above grounds for discipline by a pharmacist, intern or pharmacy
technician, the board may impose one or more of the following
penalties:
(1) Suspension of the offender's license or registration for
a term to be determined by the board;
(2) Revocation of the offender's license or registration;
(3) Restriction of the offender's license or registration to
prohibit the offender from performing certain acts or from engaging
in the practice of pharmacy in a particular manner for a term to be
determined by the board;
(4) Imposition of a fine not to exceed one thousand dollars
for each offense:
Provided, That notwithstanding the provisions of
section ten, article one of this chapter, fines collected by the
board shall be deposited in the board's separate special fund and
used exclusively for the purposes of administration and enforcement
of the board's duties.
(5) Refusal to renew the offender's license or registration;
(6) Placement of the offender on probation and supervision by
the board for a period to be determined by the board.
(c) All final decisions of the board shall be subject to
judicial review pursuant to the procedures of article five, chapter twenty-nine-a of this code.
(d) In the case of a pharmacy or wholesale distributor, the
disciplinary order may be entered as to the corporate owner, if
any, as well as to the pharmacist, officer, owner or partner of the
pharmacy or wholesale distributor if it is found that such person
or entity had knowledge of or knowingly participated in one or more
of the violations set forth in this article or of article three,
chapter sixty-a of this code.
(e) Notwithstanding the provisions of section eight, article
one, chapter thirty of this code, if the board determines that the
evidence in its possession indicates that a pharmacist's
continuation in practice or unrestricted practice constitutes an
immediate danger to the public, the board may, on a temporary basis
and without a hearing, take any of the actions provided for in this
section if proceedings for a hearing before the board are initiated
simultaneously with the temporary action and begin within fifteen
days of such action. The board shall render its decision within
five days of the conclusion of a hearing conducted pursuant to the
provisions of this section.
(f) In every disciplinary or licensure case considered by the
board pursuant to this article, whether initiated by the board or upon complaint or information from any person or organization, the
board shall make a preliminary determination as to whether probable
cause exists to substantiate charges of disqualification due to any
reason set forth in this section. If such probable cause is found
to exist, all proceedings on such charges shall be open to the
public, who shall be entitled to all reports, records and
nondeliberative materials introduced at such hearing, including the
record of any final action taken:
Provided, That any medical
records pertaining to a person who has not expressly waived his or
her right to the confidentiality of such records shall not be open
to the public.
(g) All disciplinary actions taken by the board shall be
reported to the national board of pharmacy, appropriate federal
agencies and to any other state boards with which the disciplined
licensee may also be registered or licensed.
NOTE: The purpose of this bill is to provide that fines
collected by the board of pharmacy go into the board's special fund
to be used by the board in the pursuit of fullfilling board duties.
Current law mandates that fines collected by the board go to the
state's general revenue fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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